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Q-PANEL COMPANY v. NEWFIELD

No. 72-1540.

482 F.2d 210 (1973)

The Q-PANEL COMPANY, Plaintiff-Appellant, v. Stephen E. NEWFIELD, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 2, 1973.

Rehearing Denied August 8, 1973.

Attorney(s) appearing for the Case

Arthur L. Cain of Bosworth, Sessions, Herrstrom & Cain, Cleveland, Ohio (Ronald A. Ginsburg, Albuquerque, N. M., on the brief), for plaintiff-appellant.

James E. Snead, of Jones, Gallegos, Snead & Wertheim, Santa Fe, N. M., for defendant-appellee.

Before LEWIS, Chief Judge, DURFEE, Judge, Court of Claims, and HOLLOWAY, Circuit Judge.

LEWIS, Chief Judge.

This appeal reaches us as a side effect of an action tried in the District Court for the District of New Mexico. In the main case plaintiff succeeded in obtaining a judgment declaring United States Patent No. 3,500,682 issued to defendant Newfield to be invalid for obviousness and further dismissing Newfield's counterclaim for alleged infringement. The single dispositive appellate question is whether the trial court erred in refusing to allow plaintiff...

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